Safety and Consumer Statutes Administration Act, 1996, S.O. 1996, c. 19

• Jurisdiction: Ontario

Safety and Consumer Statutes Administration Act, 1996

S.O. 1996, Chapter 19

Consolidation Period: From December 1, 2023 to the e-Laws currency date.

Last amendment: 2020, c. 36, Sched. 12, s. 22.

CONTENTS

Definitions and Administration

Purpose

1 The purpose of this Act is to facilitate the administration of designated Acts named in the Schedule by delegating to designated administrative authorities certain powers and duties relating to the administration of those Acts. 1996, c. 19, s. 1.

Definitions

2 In this Act,

“administrative agreement” in relation to a designated administrative authority means an agreement that the Minister has entered into with the administrative authority with respect to the designated legislation for which the administration is delegated to the administrative authority; (“accord d’application”)

“administrative authority” means a not-for-profit corporation without share capital incorporated under the laws of Ontario but that does not form part of the Government of Ontario, any other government or an agency of a government; (“organisme d’application”)

“designated administrative authority” means an administrative authority that the Lieutenant Governor in Council has designated under subsection 3 (2); (“organisme d’application désigné”)

“designated legislation” means legislation that is an Act named in the Schedule, a regulation made under that Act or provisions of that Act or that regulation, where the Lieutenant Governor in Council has designated the legislation under subsection 3 (1); (“texte législatif désigné”)

“Minister” means the Minister responsible for the administration of this Act unless the context indicates otherwise. (“ministre”). 1996, c. 19, s. 2; 2020, c. 14, Sched. 8, s. 1 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 2 of the Act is amended by adding the following subsection: (See: 2020, c. 14, Sched. 8, s. 1 (2))

Transition

(2) Despite the definitions of “administrative authority” and “designated administrative authority” in subsection (1), where a corporation incorporated under the laws of Canada was a designated administrative authority immediately before the coming into force of subsection 1 (1) of Schedule 8 to the Rebuilding Consumer Confidence Act, 2020, and an extension period is provided for in its administrative agreement,

(a) the corporation continues to be a designated administrative authority during that period;

(b) if the corporation is continued under the laws of Ontario during that period, the corporation continues to be a designated administrative authority after the expiration of that period; and

(c) if the corporation is not continued under the laws of Ontario during that period, its designation as a designated administrative authority is deemed to be revoked immediately upon the expiration of that period. 2020, c. 14, Sched. 8, s. 1 (2).

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 8, s. 1 (1) - 01/01/2023; 2020, c. 14, Sched. 8, s. 1 (2) - not in force

Designations

Designations

3 (1) The Lieutenant Governor in Council may, by regulation, designate an Act named in the Schedule, a regulation made under that Act or provisions of that Act or that regulation as designated legislation for the purpose of this Act. 1996, c. 19, s. 3 (1).

Same, administrative authority

(2) Subject to section 4, the Lieutenant Governor in Council may, by regulation, designate one or more administrative authorities for the purpose of administering designated legislation. 1996, c. 19, s. 3 (2).

Delegation of administration

(3) Subject to subsection (4), if the Lieutenant Governor in Council designates an administrative authority for the purpose of administering designated legislation, all provisions in the legislation relating to its administration, or to such part of its administration as may be specified in the designation, are delegated to the administrative authority unless specifically exempted in the designation of the administrative authority or the legislation. 1996, c. 19, s. 3 (3); 2002, c. 33, s. 150 (1).

Same

(3.1) For greater certainty, the Lieutenant Governor in Council may under this section designate two or more administrative authorities in respect to one designated statute or regulation and, in each designation, delegate the administration of the statute or regulation to each authority as it relates to,

(a) different provisions in the statute or regulation as may be specified in each designation; or

(b) the same provisions in the statute or regulation as they apply to different classes of persons, entities or activities, as may be specified in each designation. 2002, c. 33, s. 150 (2).

Same

(3.2) For greater certainty, the Lieutenant Governor in Council may under this section designate one administrative authority for the purpose of administering more than one designated statute or regulation. 2020, c. 14, Sched. 8, s. 2.

Exception: regulations

(4) The powers to make regulations that designated legislation confers on the Lieutenant Governor in Council or the Minister responsible for the administration of the designated legislation are not delegated to the designated administrative authority. 1996, c. 19, s. 3 (4).

Previous administration

(5) If the administration of designated legislation is delegated to a designated administrative authority, nothing in the delegation invalidates regulations made under the designated legislation, acts of the Minister responsible for the administration of the designated legislation in administering it, appointments made by that Minister under the designated legislation, registrations or any other acts done under the designated legislation that were in force immediately before the delegation. 1996, c. 19, s. 3 (5).

Persons bound

(6) If the administration of designated legislation is delegated to a designated administrative authority, the legislation binds all persons whom it would bind if the administration of it had not been delegated. 1996, c. 19, s. 3 (6).

Section Amendments with date in force (d/m/y)

2002, c. 33, s. 150 (1, 2) - 01/07/2012

2020, c. 14, Sched. 8, s. 2 - 14/07/2020

Administrative agreement

4 (1) The Lieutenant Governor in Council may not designate an administrative authority for the purpose of designated legislation until the Minister and the administrative authority have entered into an administrative agreement. 1996, c. 19, s. 4 (1); 1999, c. 12, Sched. F, s. 40.

Minimum contents

(2) The administrative agreement shall include, at a minimum, terms related to,

(a) the financial terms of the delegation, including payments to the Crown, licence fees, royalties and reimbursements for transfers of assets;

(b) the governance of the administrative authority;

(c) the maintenance by the administrative authority of adequate insurance against liability arising out of the administrative authority’s administration of the designated legislation that is delegated to it; and

(d) all other matters that the Minister considers necessary for the administrative authority to carry out the administration of the designated legislation that is delegated to it. 2020, c. 14, Sched. 8, s. 3.

Compliance with operating principles

(3) The administrative agreement, in addition to the minimum terms required under subsection (2), shall require the administrative authority to comply with the principles of,

(a) maintaining a fair, safe and informed marketplace; and

(b) promoting the protection of the public interest. 2020, c. 14, Sched. 8, s. 3.

Amendment by Minister

(4) Subject to section 13.7, the Minister may unilaterally amend the administrative agreement, after giving the administrative authority the notice that the Minister considers reasonable in the circumstances. 2020, c. 14, Sched. 8, s. 3.

Transition

(5) Despite subsections (2) and (3), any administrative agreement that was in effect immediately before the coming into force of section 3 of Schedule 8 to the Rebuilding Consumer Confidence Act, 2020 remains in force according to its terms until it is otherwise amended or revoked, but for greater certainty, subsection (4) applies to such an agreement. 2020, c. 14, Sched. 8, s. 3.

Section Amendments with date in force (d/m/y)

1999, c. 12, Sched. F, s. 40 - 22/12/1999

2020, c. 14, Sched. 8, s. 3 - 14/07/2020

Conflict rules

5 The following rules apply respecting conflicts that may arise in applying this Act:

1. This Act and its regulations prevail over designated legislation, an administrative agreement and an administrative authority’s constating documents, by-laws and resolutions.

2. Designated legislation prevails over an administrative agreement and an administrative authority’s constating documents, by-laws and resolutions.

3. A Minister’s order made under this Act prevails over an administrative agreement and an administrative authority’s constating documents, by-laws and resolutions.

4. This Act prevails over the Corporations Information Act. 2020, c. 14, Sched. 8, s. 4.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 8, s. 4 - 14/07/2020

Minister’s authority to appoint administrator

5.1 (1) Subject to section 13.7, the Minister may, by order, appoint an individual as an administrator of a designated administrative authority for the purposes of assuming control of it and responsibility for its activities. 2020, c. 14, Sched. 8, s. 4.

Notice of appointment

(2) The Minister shall give the designated administrative authority’s board of directors the notice that the Minister considers reasonable in the circumstances before appointing the administrator. 2020, c. 14, Sched. 8, s. 4.

Immediate appointment

(3) Subsection (2) does not apply if there are not enough members on the board to form a quorum. 2020, c. 14, Sched. 8, s. 4.

Term of appointment

(4) The appointment of the administrator is valid until the Minister makes an order terminating it. 2020, c...